“He’s between a rock and a hard place,” a former federal prosecutor said about the ex-president.
Legal experts say Donald Trump is running out of options after a judge ruled on Thursday that the former president and two of his adult children—Ivanka and Donald Jr.—must answer questions under oath as part of New York Attorney General Letitia James’ investigation into his business practices. Trump’s attorney attempted to argue that Trump was part of a “protected class” and that James’ probe was politically motivated. But Manhattan Supreme Court Judge Arthur Engoron flatly rejected that argument and ruled that Trump and his children must comply with James’ subpoenas to testify. Although Trump is planning to appeal the ruling, the former president no longer has good options to push back against the investigation, according to legal experts. In his decision, Engoron, a Democrat, wrote, “In the final analysis, a State Attorney General commences investigating a business entity, uncovers copious evidence of possible financial fraud, and wants to question, under oath, several of the entities’ principals, including its namesake. She has the clear right to do so.” While Trump and his children may plead the Fifth Amendment, this could ultimately backfire, according to a state attorney in Florida. “If he takes the Fifth Amendment it can be used against him in a civil trial. That’s why it’s so dangerous here, because the Fifth Amendment protects you against self-incrimination, but you can have a negative inference against you at a civil trial.
